The veteran's claims for increased ratings for his right shoulder and lumbar spine disabilities were denied as the evidence did not show that his conditions had worsened to a degree warranting higher ratings.
The deciding factor: The Board found that the veteran's symptoms, including pain and flare-ups, did not meet the criteria necessary for entitlement to higher disability ratings under the applicable Diagnostic Codes.
- Claimed conditions
- degenerative disc disease and degenerative joint disease of the lumbar spine, rotator cuff strain of the right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 15, 2008
- Citation
- 0816027
Veterans Law Judge
Decisions by this judge: 2,272 · Granted: 31% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0816027.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the Veteran's claim for an earlier effective date prior to August 25, 2009 for TDIU due to lack of evidence showing a qualifying disability and inability to secure or follow substantially gainful employment.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for a lumbar spine disability and residuals of a contusion of the left shin, finding that there was no evidence linking these conditions to his military service.
- Whole decision: Granted
The Veteran's claim for service connection for bilateral pes planus with plantar warts was denied due to lack of new and material evidence. Service connection was granted for degenerative disc disease and degenerative joint disease of the lumbar spine, but the issue of TDIU (Total Disability Rating Based on Individual Unemployability) is remanded.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded for additional development to address the adequacy of previous examinations and opinions, as well as to obtain updated VA treatment records.
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